BILL NUMBER: AB 300 CHAPTERED
BILL TEXT
CHAPTER 638
FILED WITH SECRETARY OF STATE OCTOBER 9, 2011
APPROVED BY GOVERNOR OCTOBER 9, 2011
PASSED THE SENATE AUGUST 30, 2011
PASSED THE ASSEMBLY SEPTEMBER 2, 2011
AMENDED IN SENATE AUGUST 24, 2011
AMENDED IN SENATE JUNE 30, 2011
AMENDED IN SENATE JUNE 14, 2011
AMENDED IN ASSEMBLY MARCH 10, 2011
INTRODUCED BY Assembly Member Ma
(Principal coauthor: Senator Alquist)
(Coauthor: Assembly Member Ammiano)
FEBRUARY 9, 2011
An act to repeal and add Chapter 7 (commencing with Section
119300) of Part 15 of Division 104 of the Health and Safety Code,
relating to body art.
LEGISLATIVE COUNSEL'S DIGEST
AB 300, Ma. Safe Body Art Act.
Under existing law, every person engaged in the business of
tattooing, body piercing, or permanent cosmetics is required to
register with the county in which that business is conducted, obtain
a copy of the county's sterilization, sanitation, and safety
standards, as established by the California Conference of Local
Health Officers and distributed by the State Department of Public
Health, as specified, and pay a one-time registration fee of $25.
Existing law allows the county to charge an additional fee, if
necessary to cover the cost of registration and inspection, and
allows a county to adopt regulations that do not conflict with, or
are more comprehensive than, standards adopted by the department.
Under existing law, a person who fails to register or who violates
the sterilization, sanitation, and safety standards is liable for a
civil penalty of up to $500, to be collected in an action brought by
the prosecuting attorney of the county or city and county in which
the violation occurred.
This bill would, as of July 1, 2012, repeal these provisions and,
instead, enact the Safe Body Art Act. The act would prohibit a person
from performing body art, as defined, without registering annually
with the local enforcement agency. The bill would require
practitioners to comply with specified requirements, including, among
other things, client information and questionnaires, vaccination,
bloodborne pathogen training, and sanitation. The bill would also
require the owner of a body art facility, as defined, to obtain and
annually renew a health permit from the local enforcement agency, as
specified, and to maintain the body art facility in a specified
manner.
This bill would exempt from the definition of body art the
piercing of an ear with a disposable, single-use, presterilized stud
or solid needle that is applied using a mechanical device to force
the needle or stud through the ear, but would impose specified
requirements on that practice. The bill would authorize a local
enforcement agency to require facilities performing ear piercing in
that jurisdiction to submit a notification form, as provided, with
the local enforcement agency.
The bill would authorize the local enforcement agency to charge a
one-time facility notification fee in an amount between $25 and $45,
but not in excess of the amount required to cover the actual costs of
administering and enforcing the program. The bill would authorize a
county, after December 31, 2015, to charge a different fee,
established by local ordinance, so long as an increased fee amount is
necessary to cover the actual costs of administering and enforcing
the provisions.
This bill would regulate the performance of body art in vehicles,
temporary booths, and at body art events. The bill would require a
person sponsoring a body art event to obtain a permit and fulfill
specified requirements and would authorize a local enforcement agency
to establish reasonable regulatory fees, including, but not limited
to, a fee for body art events in an amount not to exceed, but
sufficient to cover, the costs of enforcement.
The bill would authorize specified inspection by an enforcement
officer, and would provide for the suspension or revocation of a
certificate of registration or a health permit in specified
circumstances. The bill would make performing body art without being
registered, operation of a body art facility without a health permit,
or operation of a temporary body art event without a permit a
misdemeanor and would authorize the local enforcement agency to
assess an administrative penalty, in an amount not less than $25 and
not more than $1,000, for violating a provision of the bill. The bill
would also authorize the local enforcement agency, in addition to
these penalties, to impose a penalty of up to three times the cost of
the registration or permit on a practitioner, owner of a body art
facility, or sponsor of a temporary body art event who fails to
obtain needed permits.
This bill would authorize a city, county, or city and county to
adopt regulations or ordinances that do not conflict with, or are
more stringent than, the provisions of the bill as those provisions
relate to body art. Because this bill would place the inspection and
enforcement requirements on local governments and because it creates
a new crime, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for specified reasons.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 7 (commencing with Section 119300) of Part 15
of Division 104 of the Health and Safety Code is repealed.
SEC. 2. Chapter 7 (commencing with Section 119300) is added to
Part 15 of Division 104 of the Health and Safety Code, to read:
CHAPTER 7. BODY ART
Article 1. General Provisions
119300. (a) This chapter shall be known, and may be cited, as the
Safe Body Art Act.
(b) The purpose of this chapter is to provide minimum statewide
standards for the regulation of persons engaged in the business of
tattooing, body piercing, and the application of permanent cosmetics
in California. These requirements are intended to protect both the
practitioner and the client from transmission of infectious diseases
through the application of proper body art procedures and the control
of cross-contamination of instruments and supplies.
119301. For purposes of this chapter, the following definitions
shall apply:
(a) "Antiseptic solution" means a liquid or semiliquid substance
that is approved by the federal Food and Drug Administration to
reduce the number of microorganisms present on the skin and on
mucosal surfaces.
(b) "Bloodborne pathogen" means a disease-causing microorganism
that, when present in the blood, can be transmitted to humans,
including, but not limited to, hepatitis B virus (HBV), hepatitis C
virus (HCV), and human immunodeficiency virus (HIV).
(c) "Body art" means body piercing, tattooing, branding, or
application of permanent cosmetics.
(d) "Body art facility" means the specified building, section of a
building, or vehicle in which a practitioner performs body art,
including reception areas, the procedure area, and the
decontamination and sterilization area. "Body art facility" does not
include a facility that only pierces the ear with a disposable,
single-use, presterilized clasp and stud or solid needle that is
applied using a mechanical device to force the needle or stud through
the ear.
(e) "Body piercing" means the creation of an opening in a human
body for the purpose of inserting jewelry or other decoration. "Body
piercing" includes, but is not limited to, the piercing of an ear,
including the tragus, lip, tongue, nose, or eyebrow. "Body piercing"
does not include the piercing of an ear, except for the tragus, with
a disposable, single-use, presterilized stud and clasp or solid
needle that is applied using a mechanical device to force the needle
or stud through the ear.
(f) "Branding" means the process in which a mark or marks are
burned into human skin tissue with a hot iron or other instrument,
with the intention of leaving a permanent scar.
(g) "Client" means an individual upon whom a practitioner performs
body art.
(h) "Decontamination and sterilization area" means a room, or
specific section of a room, that is set apart and used only to
decontaminate and sterilize instruments.
(i) "Department" means the State Department of Public Health.
(j) "Decontamination" means the use of physical or chemical means
to remove, inactivate, or destroy bloodborne pathogens on a surface
or item to the point where the pathogens are no longer capable of
transmitting infectious particles and the surface or item is rendered
safe for handling, use, or disposal.
(k) "Disinfectant" means a product that is registered by the
federal Environmental Protection Agency and the Department of
Pesticide Regulation, as indicated on the label, to reduce or
eliminate the presence of disease-causing microorganisms, including
human immunodeficiency virus (HIV) and hepatitis B virus (HBV) for
use in decontaminating work surfaces.
(l) "Enforcement officer" means all local health officers,
directors of environmental health, and duly authorized registered
environmental health specialists and environmental health specialist
trainees.
(m) "Hand hygiene" means either of the following:
(1) Thoroughly washing all surfaces of the hands and under the
fingernails with soap and warm water.
(2) In the absence of contamination with blood or other bodily
fluids, or obvious soiling, applying an antiseptic solution to all
the surfaces of the hands and underneath the fingernails.
(n) "Instrument" means a nonmedical application device used in
performing body art, including, but not limited to, needles, needle
bars, needle tubes, forceps, hemostats, tweezers, razors, or razor
blades.
(o) "Local enforcement agency" means the local health agency of
the county, city, or city and county. In jurisdictions where the
local health agency and the environmental health agency are separate
departments, the jurisdiction shall specify which entity will be the
local enforcement agency for purposes of this chapter.
(p) "Mucosal surface" means the moisture-secreting membrane lining
of all body cavities or passages that communicates with the
exterior, including, but not limited to, the nose, mouth, vagina, and
urethra.
(q) "Owner" means either of the following:
(1) The person or persons whose name or names appear on the health
permit, business license, property deed, or rental agreement of the
body art facility.
(2) A person, acting as a principal of a corporation or
partnership, who employs practitioners to perform body art or other
activity regulated by this chapter.
(r) "Permanent cosmetics" means the application of pigments in
human skin tissue for the purpose of permanently changing the color
or other appearance of the skin. This includes, but is not limited
to, permanent eyeliner, eyebrow, or lip color.
(s) "Potable water" means water that complies with the standards
for transient noncommunity water systems pursuant to the California
Safe Drinking Water Act (Chapter 4 (commencing with Section 116275)
of Part 12).
(t) "Practitioner" means a person who performs body art on a
client.
(u) "Procedure area" means a room, or designated portion of a
room, that is set apart and only used to perform body art.
(v) "Procedure site" means the area or location on the human body
selected for the placement of body art.
(w) "Sharps waste" has the same meaning as that term is defined in
Section 117755.
(x) "Sponsor" means an individual or business entity, including an
event coordinator or manager, responsible for the organization of a
convention, trade show, or other temporary event that includes a body
art demonstration booth. A sponsor may also be a body art
practitioner.
(y) "Sterilization" means the complete destruction of all
microbial life forms, including spores.
(z) "Tattooing" means the insertion of pigment in human skin
tissue by piercing with a needle.
(aa) "Vehicle" means a vehicle that has been fitted or designed to
perform body art.
(ab) "Workstation" means the area within a procedure area where a
practitioner performs body art. The workstation includes, but is not
limited to, the client chair or table, counter, mayo stand,
instrument tray, storage drawer, and practitioner's chair.
Article 2. Restrictions on the Performance of Body Art
119302. (a) Pursuant to Section 653 of the Penal Code, a client
shall be at least 18 years of age to be offered or to receive a
tattoo or permanent cosmetics application, regardless of parental
consent.
(b) Pursuant to Section 652 of the Penal Code, persons under 18
years of age shall not be offered or receive a body piercing unless
the piercing is performed in the presence of his or her parent or
guardian.
(c) A client shall be at least 18 years of age to be offered or to
receive a branding, regardless of parental consent.
(d) The piercing or application of permanent cosmetics to the
nipples or genitals of a minor is prohibited. The application of
permanent cosmetics to the nipples of a minor is authorized when
applied by a registered permanent cosmetic technician with the
consent of the minor's parent or guardian and as directed by a
physician.
(e) A body art facility may refuse to perform body piercing on a
minor, regardless of parental or guardian consent.
119303. (a) Prior to the performance of body art, the client
shall read, complete, and sign an informed consent form that shall
include, but not be limited to, all of the following information:
(1) A description of the procedure.
(2) A description of what the client should expect following the
procedure, including suggested care and any medical complications
that may occur as a result of the procedure.
(3) A statement regarding the permanent nature of body art.
(4) Postprocedure instructions that include all of the following:
(A) Information on the care of the procedure site.
(B) Restrictions on physical activities such as bathing,
recreational water activities, gardening, or contact with animals,
and the duration of the restrictions.
(C) Signs and symptoms of infection, including, but not limited
to, redness, swelling, tenderness of the procedure site, red streaks
going from the procedure site towards the heart, elevated body
temperature, or purulent drainage from the procedure site.
(D) Signs and symptoms that indicate the need to seek medical
care.
(b) Prior to the performance of body art, the client shall
receive, complete, and sign a questionnaire that includes all of the
following information:
(1) Whether the client may be pregnant.
(2) Whether the client has a history of herpes infection at the
proposed procedure site, diabetes, allergic reactions to latex or
antibiotics, hemophilia or other bleeding disorder, or cardiac valve
disease.
(3) Whether the client has a history of medication use or is
currently using medication, including being prescribed antibiotics
prior to dental or surgical procedures.
(4) Other risk factors for bloodborne pathogen exposure.
(c) The questionnaire and all responses shall be considered
confidential information. The body art facility shall maintain the
privacy of the information and shall not sell, share, or transfer the
information. A body art facility shall comply with all state and
federal laws with respect to the protection of a client's personally
identifiable information, including, but not limited to, medical
information, and shall be subject to existing penalties for violation
of applicable laws. The body art facility shall shred any
confidential medical information after two years from performing the
body art procedure on the client.
119304. This chapter does not restrict the activities of a
physician and surgeon licensed under Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code or a
physician assistant licensed under Chapter 7.7 (commencing with
Section 3500) of Division 2 of the Business and Professions Code.
Nothing in this chapter authorizes a practitioner to perform
activities that are restricted under Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code.
Article 3. Practitioner Registration
119306. (a) A person shall not perform body art if he or she is
not registered with the local enforcement agency.
(b) As a condition of registration, the applicant shall provide
all of the following:
(1) Evidence of current hepatitis B vaccination, including
applicable boosters, unless the practitioner can demonstrate
hepatitis B immunity or has complied with current federal OSHA
hepatitis B vaccination declination requirements.
(2) Evidence of completion of OSHA Bloodborne Pathogen Training
consistent with Section 119307 and pursuant to paragraph (2) of
subdivision (g) of Section 5193 of Title 8 of the California Code of
Regulations or its successor.
(3) Proof that he or she is 18 years of age or older.
(4) Self-certification of, knowledge of, and commitment to meet
state law and relevant local regulations pertaining to body art
safety.
(5) For first-time registrants, documentation evidencing a minimum
of six months of related experience. The local enforcement agency
may require documentation that includes, but is not limited to,
dates, type, and location of work, and the name and contact
information of the registrant's supervisor or supervisors.
(6) His or her business address and the address at which he or she
will perform any activity regulated by this chapter.
(7) Payment of a registration fee directly to the local
enforcement agency. The local enforcement agency shall set the fee at
an amount not to exceed the amount necessary but that is sufficient
to cover the actual costs of administering the program.
(c) A practitioner shall display, in a place readily visible to
the public at the body art facility where the practitioner is
performing body art, the certificate confirming registration with the
local enforcement agency in the jurisdiction in which that practice
is conducted.
(d) A valid and current registration issued by a local enforcement
agency shall be valid in any other jurisdiction for no more than
five consecutive days, or 15 days total, in any one calendar year.
(e) Practitioner registration shall be renewed annually by a
process to be determined by the local enforcement agency.
(f) A practitioner shall obtain all necessary permits to conduct
business, including, but not limited to, being registered with the
local enforcement agency. In addition to the penalties available
pursuant to Article 6 (commencing with Section 119320), a
practitioner who violates this subdivision shall be subject to
suspension and a penalty not to exceed three times the cost of
registration.
119307. (a) Prior to registering with the local enforcement
agency, a practitioner shall complete a Bloodborne Pathogens Exposure
Control Training program that is specific to his or her practice.
(b) An owner shall provide Bloodborne Pathogens Exposure Control
Training pursuant to the requirements of paragraph (2) of subdivision
(g) of Section 5193 of Title 8 of the California Code of
Regulations, or its successor, for all employees, contractors, and
volunteers who perform duties within the decontamination and
sterilization area or procedure area.
(c) The Bloodborne Pathogens Exposure Control Training shall meet
all of the following criteria:
(1) Training shall be conducted by a person or persons who are
knowledgeable in exposure control and infection prevention in the
body art setting and who are approved by the local enforcement agency
in accordance with the provisions of this section.
(2) Training and training materials shall be specific to
performing body art.
(3) Training shall consist of not less than two hours of
instruction that includes all of the following:
(A) A copy and explanation of the California Occupational Safety
and Health Administration Bloodborne Pathogens Standard contained in
Section 5193 of Title 8 of the California Code of Regulations, or its
successor.
(B) A copy and explanation of applicable county, city, or city and
county ordinances that pertain to bloodborne pathogen transmission
control in body art.
(C) Discussion of transmission, control, and symptoms of the
diseases caused by bloodborne pathogens.
(D) Discussion of tasks involved in performing body art and how
those tasks may lead to exposure to bloodborne pathogens for the
client or practitioner.
(E) Discussion of the types and uses of personal protective
equipment, such as disposable gloves, including an explanation of the
limitations of the equipment.
(F) Discussion of the types of tasks, proper task technique, and
order of tasks before and after putting on and removing personal
protective equipment, to avoid contamination.
(G) Discussion of the importance of hand hygiene and a
demonstration of proper hand hygiene techniques.
(H) Discussion of choice, use, and storage of disinfectants and
antiseptics.
(I) Information on the signage required for biohazard materials
and the importance of properly labeling chemicals and supplies.
(J) Information on hepatitis B vaccine, including safety and
accessibility.
(K) Discussion of what constitutes a bloodborne pathogen exposure
incident, including all of the following:
(i) Examples of bloodborne pathogen exposure, how the exposure
occurred, and what actions to take to prevent or minimize future
exposures.
(ii) Risk of infection following a bloodborne pathogen exposure
incident.
(iii) Procedures to be followed after an exposure incident,
including medical followup.
(L) Opportunities for interactive questions and answers with the
instructor.
(d) Each person required to complete a Bloodborne Pathogens
Exposure Control Training program pursuant to this section shall
annually complete a minimum of two hours of Bloodborne Pathogens
Exposure Control Training update presented by a trainer eligible
pursuant to paragraph (1) of subdivision (c).
(e) Records of training required pursuant to this section shall be
maintained for three years and shall be available for inspection
upon request of the enforcement officer.
119308. (a) Before performing body art, the practitioner shall do
all of the following:
(1) Wash and dry his or her hands consistent with sound hygenic
practices.
(2) Put on a clean apron, bib, or lap pad over clean, dry
clothing.
(3) Put on personal protective equipment that is appropriate for
the task.
(4) Don clean, previously unused, disposable examination gloves on
both hands just prior to the procedure. Gloves shall be worn
throughout the procedure. If gloves come into contact with an object
or surface other than the client's prepared skin or material to be
used for the procedure, or if a glove is torn or punctured, both
gloves shall be removed, hand hygiene performed, and new, clean,
previously unused, disposable examination gloves shall be donned. If
gloves are removed for any reason during a procedure, hand hygiene
shall be performed prior to donning new, clean, previously unused,
disposable examination gloves.
(5) If the skin at the procedure site is to be shaved, the skin
shall be first washed with soap and water. A single-use, disposable
razor shall be used to shave the procedure site and then discarded
into a sharps container.
(6) Immediately prior to performing the body art, the client's
skin shall be prepared with an antiseptic solution, antimicrobial, or
microbicide, according to manufacturer's instructions. The item used
for application shall be discarded after use.
(b) At the completion of the procedure, the practitioner shall do
all of the following:
(1) Answer questions regarding the procedure site.
(2) Provide postprocedure instructions.
(3) Place all used or discarded sharps waste in a sharps waste
container.
(4) Wash and disinfect reusable instruments as provided in
subdivisions (d) and (e) of Section 119309.
(5) Package and sterilize reusable instruments that may have come
in contact with nonintact skin or mucosal surfaces.
(6) Decontaminate the workstation and procedure area.
119309. (a) The practitioner shall maintain a clean and sanitary
environment.
(b) All solid surfaces and objects in the procedure area and the
decontamination and sterilization area that have come into contact
with the client or the materials used in performing the body art,
including, but not limited to, chairs, armrests, tables, countertops,
and trays, shall be immediately decontaminated after each use and
then disinfected by application of a disinfectant, used according to
manufacturer's directions.
(c) The surfaces and objects in the procedure area shall be
disinfected again before use if the area has been used for any
activity following its previous disinfection.
(d) The practitioner shall wear disposable gloves on both hands
when touching, decontaminating, or handling a surface, object,
instrument, or jewelry that is soiled or that is potentially soiled
with human blood.
(e) An instrument or other reusable item that comes into contact
with nonintact skin or mucosal surfaces shall either be single use or
be washed, disinfected, packaged, and sterilized after each
procedure. Sterilization shall be accomplished pursuant to the
procedures established in Section 119315 by steam autoclave.
(f) An instrument or reusable item that does not come into contact
with nonintact skin or mucosal surfaces shall be washed with a
solution of soap and water, using a brush that is small enough to
clean the interior surfaces, and decontaminated after each procedure.
(g) A reusable item that cannot be immediately washed,
disinfected, and sterilized following completion of the body art
procedure shall be placed in a basin of water with or without
detergent.
(h) Sterile instrument packs shall be evaluated before use, and if
the integrity of a pack is compromised in any way, including, but
not limited to, being torn, punctured, wet, or having evidence of
potential moisture contamination, the instrument pack shall be
discarded or reprocessed before use.
(i) No food, drink, tobacco product, or personal effects are
permitted in the procedure area. The practitioner shall not eat,
drink, or smoke while performing a procedure. If a client requests to
eat, drink, or smoke, the procedure shall be stopped and the
procedure site shall be protected from possible contamination while
the client leaves the procedure area to eat, drink, or smoke.
(j) Branding shall not be done with another client in the
procedure area. During the procedure, the practitioner and the client
shall wear appropriate protective face filter masks.
119310. (a) Jewelry placed in newly pierced skin shall be
sterilized prior to piercing as specified in Section 119315 or shall
be purchased presterilized. Sterile jewelry packs shall be evaluated
before use and, if the integrity of a pack is compromised, including,
but not limited to, being torn, wet, or punctured, the pack shall be
discarded or reprocessed before use.
(b) Only jewelry made of ASTM F138, ISO 5832-1, and AISI 316L or
AISI 316LVM implant grade stainless steel, solid 14-karat through
18-karat yellow or white gold, niobium, ASTM F 136 6A4V titanium,
platinum, or other materials found to be equally biocompatible shall
be placed in newly pierced skin.
(c) Ear piercing equipment with a disposable, single-use,
presterilized stud and clasp may be used only for piercing the ear
pursuant to Section 119304.
(d) If measuring the body piercing site is necessary, clean
calipers shall be used and the skin marked using clean toothpicks and
ink.
119311. (a) A product applied to the skin prior to tattooing or
application of permanent cosmetics, including, but not limited to,
stencils and marking and transfer agents, including pens, shall be
single use and discarded into a waste container at the end of the
procedure unless the product can be disinfected for reuse.
(b) Only commercially manufactured inks, dyes, and pigments shall
be used.
(c) Inks, pigments, soaps, and other products in multiple-use
containers shall be dispensed in a manner to prevent contamination of
the storage container and its remaining contents through the use of
a single-use receptacle.
(d) Inks and pigments shall be placed into a clean, single-use
receptacle. The inks and pigments remaining in the receptacle shall
be discarded immediately upon completion of the procedure.
(e) If a tray is used for inks or pigments, it shall be
decontaminated after each procedure.
(f) Only single-use needles and needle bars shall be used in
tattooing and the application of permanent cosmetics. Needles and
needle bars that are purchased in a nonsterilized state, shall be
sterilized, pursuant to the process required by Section 119315.
(g) Needles, needle bars, grommets, and razors shall be discarded
into a sharps waste container immediately upon completion of the
procedure.
(h) Any part of a tattooing machine that may be touched by the
practitioner during the procedure shall be covered with a disposable
plastic sheath that is discarded upon completion of the procedure,
and the machine shall be decontaminated upon completion of the
procedure.
(i) A machine used to insert pigments shall be designed with
removable tip parts between the tip and motor housing, and in a
manner that will prevent backflow into enclosed parts of the motor
housing.
(j) A hand tool used to insert pigment shall be disposed of in a
sharps container, with the sharps intact, unless the needle can be
mechanically ejected from the hand tool.
Article 4. Permanent Body Art Facilities
119312. (a) A body art facility shall not conduct business
without a valid health permit.
(b) The application for a health permit for a body art facility
shall include all of the following:
(1) A copy of the facility's infection prevention control plan, as
required by Section 119313.
(2) A fee, as set by the local enforcement agency at an amount not
to exceed the amount necessary but that is sufficient to cover the
actual costs of administration of the program. Fees established by
this section shall be used exclusively in support of activities
pursuant to this chapter.
(c) The local enforcement agency shall issue a health permit after
an investigation has determined that the proposed body art facility
and its method of operation meets the specifications of the approved
plans or conforms to the requirements of this article.
(d) A health permit is valid only for the location of the facility
and the time period indicated on the permit and may not be
transferred to another owner or facility.
(e) The health permit shall be posted in a conspicuous place at
the body art facility. Certificates of registration for all
practitioners performing body art in that facility shall also be
prominently displayed either near the health permit or at the
individual practitioner's procedure area if each practitioner has a
designated area.
(f) A person proposing to construct a practice site or mobile
practice site, other than a temporary body art event booth, shall
submit plans to the Plan Review Unit of the local enforcement agency.
The plans shall be approved in advance of the issuance of a
building, plumbing, or electrical permit. All required corrections
must be made and the body art facility approved to open before body
art can be performed in the facility.
(g) Health permits shall be renewed annually through a process to
be determined by the local enforcement agency.
(h) An owner who operates a body art facility shall obtain all
necessary permits to conduct business, including, but not limited to,
a permit issued by a local enforcement agency. In addition to the
penalties available pursuant to Article 6 (commencing with Section
119320), an owner who violates this subdivision shall be subject to
the closure of the facility and a penalty
not to exceed three times the cost of the permit.
119313. (a) A body art facility shall maintain and follow a
written Infection Prevention and Control Plan, provided by the owner
or established by the practitioners, specifying the procedures to
achieve compliance with each applicable requirement of this chapter.
(b) The Infection Prevention and Control Plan shall include all of
the following:
(1) Procedures for decontaminating and disinfecting environmental
surfaces.
(2) Procedures for decontaminating, packaging, sterilizing, and
storing reusable instruments.
(3) Procedures for protecting clean instruments and sterile
instrument packs from exposure to dust and moisture during storage.
(4) A set up and tear down procedure for any form of body art
performed at the body art facility.
(5) Techniques to prevent the contamination of instruments or the
procedure site during the performance of body art.
(6) Procedures for safe handling and disposal of sharps waste.
(c) The Infection Prevention and Control Plan shall be revised
when changes are made in infection prevention practices, procedures,
or tasks.
(d) Onsite training on the facility's Infection Prevention and
Control Plan shall take place when tasks where occupational exposure
may occur are initially assigned, any time there are changes in the
procedures or tasks, and when new technology is adopted for use in
the facility, but not less than once each year.
(e) Records of training required pursuant to this section shall be
maintained for three years and shall be available for inspection
upon request of the enforcement officer.
119314. (a) With the exception of a temporary demonstration booth
and a mobile site, as specified in Sections 119317 and 119318, a
body art facility shall comply with all of the following:
(1) Have floors, walls, and ceilings that are smooth, free of open
holes, and washable.
(2) Be free of insect and rodent infestation.
(3) Be separate from any residential areas used for sleeping,
bathing, or meal preparation. A body art facility associated with a
residential dwelling shall have a separate entrance and toilet
facility, and shall not have a door allowing direct access between
the body art facility and the residential dwelling.
(b) Procedure areas in a body art facility shall meet all of the
following standards:
(1) Be equipped with a light source that provides adequate light
at the procedure area.
(2) Be separated, by a wall or ceiling-to-floor partition, from
nail and hair activities.
(3) Be equipped with a sink supplied with hot and cold running
water, containerized liquid soap, and single-use paper towels that
are dispensed from a wall-mounted, touchless dispenser that is
accessible to the practitioner.
(c) Decontamination and sanitation areas within a body art
facility shall meet all of the following requirements:
(1) Be separated from procedure areas by a space of at least five
feet or by a cleanable barrier.
(2) Be equipped with a sink, hot and cold running water, liquid
soap in a wall-mounted dispenser, and single-use paper towels
dispensed from a wall-mounted, touchless dispenser that is readily
accessible to the practitioner.
(d) Each procedure area and decontamination and sterilization area
shall have lined waste containers.
(e) Each procedure area and decontamination and sterilization area
shall have a container for the disposal of sharps waste that meets
the following requirements:
(1) The sharps waste container shall be portable, if portability
is necessary to ensure that the sharps waste container is within arm'
s reach of the practitioner.
(2) The sharps waste container shall be labeled with the words
"sharps waste" or with the international biohazard symbol and the
word "BIOHAZARD."
(3) All sharps waste produced during the process of tattooing,
body piercing, or the application of permanent cosmetics shall be
disposed by either of the following methods:
(A) Removal and disposal by a company, or removal and
transportation through a mail-back system approved by the department
pursuant to subdivision (b) of Section 118245.
(B) As solid waste, after being disinfected by a method approved
by the department pursuant to paragraph (3) of subdivision (a) of
Section 118215.
(f) No animals shall be allowed in the procedure area or the
decontamination and sterilization area.
119315. A body art facility shall conform to the following
sterilization procedures:
(a) Clean instruments to be sterilized shall first be sealed in
peel-packs that contain either a sterilizer indicator or internal
temperature indicator. The outside of the pack shall be labeled with
the name of the instrument, the date sterilized, and the initials of
the person operating the sterilizing equipment.
(b) Sterilizers shall be loaded, operated, decontaminted, and
maintained according to manufacturer's directions, and shall meet all
of the following standards:
(1) Only equipment manufactured for the sterilization of medical
instruments shall be used.
(2) Sterilization equipment shall be tested using a commercial
biological indicator monitoring system after the initial
installation, after any major repair, and at least once per month.
The expiration date of the monitor shall be checked prior to each
use.
(3) Each sterilization load shall be monitored with mechanical
indicators for time, temperature, pressure, and, at a minimum, Class
V integrators. Each individual sterilization pack shall have an
indicator.
(4) Biological indicator monitoring test results shall be recorded
in a log that shall be kept on site for two years after the date of
the results.
(5) A written log of each sterilization cycle shall be retained on
site for two years and shall include all of the following
information:
(A) The date of the load.
(B) A list of the contents of the load.
(C) The exposure time and temperature.
(D) The results of the Class V integrator.
(E) For cycles where the results of the biological indicator
monitoring test are positive, how the items were cleaned, and proof
of a negative test before reuse.
(c) Clean instruments and sterilized instrument packs shall be
placed in clean, dry, labeled containers, or stored in a labeled
cabinet that is protected from dust and moisture.
(d) Sterilized instruments shall be stored in the intact
peel-packs or in the sterilization equipment cartridge until time of
use.
(e) Sterile instrument packs shall be evaluated at the time of
storage and before use. If the integrity of a pack is compromised,
including, but not limited to, cases where the pack is torn,
punctured, wet, or displaying any evidence of moisture contamination,
the pack shall be discarded or reprocessed before use.
(f) A body art facility that does not afford access to a
decontamination and sterilization area that meets the standards of
subdivision (c) of Section 119314 or that does not have sterilization
equipment shall use only purchased disposable, single-use,
presterilized instruments. In place of the requirements for
maintaining sterilization records, the following records shall be
kept and maintained for a minimum of 90 days following the use of the
instruments at the site of practice for the purpose of verifying the
use of disposable, single-use, presterilized instruments:
(1) A record of purchase and use of all single-use instruments.
(2) A log of all procedures, including the names of the
practitioner and client and the date of the procedure.
119316. (a) If a practitioner performs body art in a vehicle, a
health permit is required if the practitioner will practice in the
vehicle in the jurisdiction for more than seven days in a 90-day
period. To obtain a health permit, the vehicle shall meet the
requirements set forth in subdivisions (b) to (g), inclusive, of
Section 119317.
(b) If the vehicle will be operating in the jurisdiction for less
than seven days in a consecutive 90-day period, the vehicle shall be
treated as a temporary booth and will be subject to Section 119317.
Article 5. Temporary Body Art Facilities
119317. A practitioner may, in the local jurisdiction of
registration, practice in a temporary demonstration booth for no more
than seven days in a 90-day period. The demonstration booth shall
meet all of the following requirements:
(a) Be located within a building that has hand washing facilities
with hot and cold running water, soap, and single-use paper towels to
which practitioners have direct access.
(b) Constructed with a partition of at least three feet in height
separating the procedure area from the public.
(c) Be free of insect or rodent infestation.
(d) Used exclusively for performing body art.
(e) Equipped with adequate light available at the level where the
practitioner is performing body art.
(f) Equipped with hand washing equipment that, at a minimum,
consists of containerized liquid soap, single-use paper towels, a
five-gallon or larger container of potable water accessible via
spigot, and a wastewater collection and holding tank of corresponding
size. Potable water shall be refilled and the holding tank evacuated
at least every four procedures or every four hours, whichever occurs
first.
(g) Not allow animals within the confines of the demonstration
booth.
(h) Be operating with all necessary permits to conduct business,
including, but not limited to, valid permits issued by a local
enforcement agency. In addition to the penalties available pursuant
to Article 6 (commencing with Section 119320), a sponsor or
practitioner who violates this subdivision shall be subject to
closure of the temporary body art event and a penalty not to exceed
three times the cost of the permit.
119317.5. A local enforcement agency may establish a fee not to
exceed the amount necessary, but that is sufficient to cover, the
actual costs of the administration of Section 119317.
119318. (a) The sponsor shall obtain all necessary permits to
conduct business in the jurisdiction where the event will be held,
including, but not limited to, valid permits issued by a local
enforcement agency. A local enforcement agency may establish a fee
not to exceed the amount necessary, but that is sufficient to cover,
the actual costs of the administration of this section. In addition
to the penalties available pursuant to Article 6 (commencing with
Section 119320), a sponsor who violates this subdivision shall be
subject to closure of the temporary body art event and a penalty not
to exceed three times the cost of the permit.
(b) The sponsor of a temporary body art event shall be responsible
for ensuring the availability of support facilities and supplies for
practitioners and vendors, including, but not limited to:
(1) Access to a potable water supply.
(2) Restrooms that have flush toilets supplied with toilet paper,
and hand wash sinks supplied with hot and cold potable running water,
soap, and single-use paper towels to which practitioners have direct
access.
(3) Sharps waste containers for each demonstration booth.
(4) The use of a licensed medical waste disposal company for
removal of all sharps waste containers used during the body art
event.
(5) Frequent trash pickup from demonstration booths.
(6) An eye wash station.
(7) A decontamination and sterilization area that is separated
from a procedure area by at least five feet or by a cleanable
barrier.
(8) Adequate backup supplies that have been stored in compliance
with subdivision (d) of Section 119315 and that can be purchased by
practitioners, including, but not limited to:
(A) Presterilized tattoo needles.
(B) Presterilized needle tubes.
(C) Presterilized piercing instruments, including, but not limited
to, needles, receiving tubes, corks, marking tools, and forceps.
(D) Plastic bags, barrier film, clip cord covers, and plastic
wrap.
(E) Ink cups.
(F) Nitrile and latex gloves.
(G) Single-use tubes of water-based and petroleum-based
lubricants.
(H) Absorbent dressing materials.
(c) The name, telephone number, and directions to an emergency
room near the temporary body art event shall be posted in a
conspicuous location.
(d) Each practitioner working in a booth at a temporary body art
event shall display his or her certificate of registration, or keep
the certificate in a folder that is available for inspection upon
request of the enforcement officer or a client.
Article 6. Enforcement
119319. (a) An enforcement officer may enter a body art facility
during the facility's hours of operation and other reasonable times
to do any of the following:
(1) Conduct inspections, issue citations, and secure samples,
photographs, or other evidence from a body art facility, or any
facility suspected of being a body art facility.
(2) Check the Infection Prevention and Control Plan, required
pursuant to Section 119313, to determine if persons working in the
facility are following the plan, and to determine if the plan is in
compliance with this chapter.
(3) Secure as evidence documents, or copies of documents,
including the Infection Prevention and Control Plan, or any record,
file, paper, process, invoice, or receipt for the purpose of
determining compliance with this chapter.
(b) A written report shall be made and a copy shall be supplied or
mailed to the owner or practitioner at the completion of an
inspection or investigation.
(c) Based upon inspection findings or other evidence, an
enforcement officer may impound instruments that are found to be
unsafe to use. Within 30 days, the local enforcement agency that has
impounded the equipment shall commence proceedings to release the
instrument or to seek administrative or legal remedy for its
disposal.
(d) It is a violation of this chapter for the owner or a person
working in a body art facility to do any of the following:
(1) Conceal records or evidence, or to withhold evidence.
(2) Interfere with the performance of the duties of an enforcement
officer.
(3) Make a false statement, representation, certification, record,
report, or otherwise falsify information required to be submitted or
maintained pursuant to this chapter.
119320. (a) A certificate of registration or a health permit may
be suspended by a local enforcement agency for a violation of this
chapter.
(b) A body art facility or practitioner whose certificate of
registration or health permit has been suspended shall cease doing
business until the certificate or permit has been reinstated.
Suspension of the registration of one practitioner in a body art
facility does not affect the status of other practitioners in the
facility unless the violation or violations are for conditions or
equipment that affects the ability of all the practitioners in the
facility to comply with the provisions of this chapter.
(c) A body art facility for which the health permit has been
revoked shall close and remain closed until a new health permit has
been issued.
(d) Whenever an enforcement officer finds that a practitioner or
body art facility is not in compliance with the requirements of this
chapter, the enforcement officer shall issue a notice to comply or a
notice of violation to the registrant or permitholder setting forth
the acts or omissions with which the registrant or permitholder is
charged, and informing him or her of a right to a hearing, if
requested, to show cause why the registration or permit should not be
suspended or revoked.
(e) (1) A written request for a hearing shall be made by the
registrant or permitholder within 15 calendar days after receipt of
the notice.
(2) The hearing shall be held within 15 calendar days of the
receipt of a request for a hearing. Upon written request of the
registrant or permitholder, the hearing officer may postpone a
hearing date, if circumstances warrant the action.
(f) A failure to request a hearing within 15 calendar days after
receipt of the notice shall be deemed a waiver of the right to a
hearing.
(g) The hearing officer shall issue a written notice of decision
to the registrant or permitholder within five working days following
the hearing. In the event of a suspension or revocation, the notice
shall specify the acts or omissions with which the registrant or
permitholder is charged, and shall state the terms of the suspension
or that the registration or health permit has been revoked.
(h) A certificate of registration or health permit may be
reinstated or a new certificate of registration or health permit
issued if the local enforcement agency determines that the conditions
that prompted the suspension or revocation no longer exist.
119321. If an imminent health hazard is found, the enforcement
officer may suspend a registration temporarily and order the
practitioner to cease operation if the hazard is not corrected. If
the hazard affects the entire body art facility, then the entire
facility may be closed immediately. Whenever a registration or health
permit is suspended as the result of an imminent health hazard, the
enforcement officer shall issue to the registrant or permitholder a
notice setting forth the acts or omissions being charged, specifying
the pertinent code section, and informing the registrant or
permitholder of the right to a hearing.
119322. The local enforcement agency may, after providing
opportunity for a hearing, modify, suspend, or revoke a certificate
of registration or a health permit for serious or repeated violations
of any requirement of this chapter or for interference in the
performance of the duty of the enforcement officer.
119323. Performing body art without being registered, operating a
body art facility without a health permit, or operating a temporary
body art event without a permit shall be a misdemeanor. The local
enforcement agency may also assess an administrative penalty in an
amount not less than twenty-five dollars ($25) and not more than one
thousand dollars ($1,000) for violation of a provision of this
chapter. All fines are to be retained by the local enforcement agency
for enforcement of the provisions of this chapter.
119324. A city, county, or city and county may adopt regulations
or ordinances that do not conflict with, or are more stringent than,
the provisions of this chapter as they relate to body art.
119324.5. The local fees imposed pursuant to this chapter shall
not exceed the reasonable costs to a local government for issuing
licenses and permits, performing investigations, inspections, and
audits, enforcing orders, and the administrative enforcement and
adjudication thereof.
Article 7. Mechanical Stud and Clasp Ear Piercing
119325. (a) The piercing of the ear with a mechanical stud and
clasp device does not constitute body art as defined in this chapter.
It is the intent of the Legislature, in enacting this article, to
provide uniform and statewide requirements for the performance of ear
piercing with a mechanical stud and clasp device. The piercing of an
ear with a mechanical stud and clasp device shall only be subject to
the requirements in this article.
(b) The area within a facility where mechanical stud and clasp ear
piercing is conducted shall be safe and sanitary and shall not
constitute a threat to the public health and safety, as reasonably
determined by the local enforcement agency.
(c) The mechanical stud and clasp device that is used to pierce an
ear pursuant to this article shall be single-use, presterilized,
stud and clasp only.
(d) The single-use mechanical stud and clasp device used to pierce
an ear pursuant to this article shall meet all of the jewelry
requirements in subdivisions (a) and (b) of Section 119310.
119326. (a) The local enforcement agency may require a facility
that provides mechanical stud and clasp ear piercing services to
submit a notification form, which shall be provided by the local
enforcement agency in the jurisdiction in which the facility is
located. If the local enforcement agency requires this notification
form, the form shall include all of the following information:
(1) The address of all facilities within the jurisdiction where
mechanical stud and clasp ear piercing will be performed.
(2) A statement that the mechanical stud and clasp ear piercing
will be conducted in compliance with the requirements of this
article.
(3) The contact information for the person responsible for
compliance with this article and who the local enforcement agency
should contact regarding complaints from the public regarding
mechanical stud and clasp ear piercing at a facility listed in
paragraph (1).
(b) Information for more than one location within a single
jurisdiction with the same owner or operator may be included on a
single notification form. If the local enforcement agency requires
notification, it shall provide a notification form that allows the
owner or operator of more than one facility in the jurisdiction to
provide the required notification for all of its facilities in a
single form designed for that purpose.
(c) No person shall be required to provide notification until and
unless the local enforcement agency makes a form for this purpose
available. Facilities performing mechanical stud and clasp ear
piercing on the date the local enforcement agency makes the form
available shall have five months from that date in which to complete
and submit the form. Facilities that begin performing mechanical stud
and clasp ear piercing after the form is made available shall be
required to submit the form prior to offering services.
119327. (a) A person piercing an ear with a mechanical stud and
clasp piercing device shall meet the following requirements before
providing mechanical stud and clasp ear piercing services:
(1) Is at least 18 years of age.
(2) Received one hour of training that covers all of the following
topics:
(A) Proper use of the mechanical stud and clasp ear piercing
device.
(B) Types of bloodborne pathogens and the prevention of the
transmission of bloodborne communicable diseases.
(C) Proper hand hygiene.
(D) The safe and sanitary use of single-use equipment, including,
but not limited to, gloves, towels, and disinfectant wipes.
(3) If the person will also be piercing the cartilage of the upper
ear, that person shall also receive training on proper techniques
for this type of piercing.
(b) The training requirements of subdivision (a) shall not apply
to an individual who was employed to perform mechanical stud and
clasp ear piercing prior to the effective date of this article.
119328. (a) A local enforcement agency may charge a one-time
facility notification fee in an amount between twenty-five dollars
($25) and forty-five dollars ($45) for each facility operating
pursuant to this article. The fee charged shall not exceed the amount
reasonably necessary to cover the actual costs of administering and
enforcing the provisions of this article.
(b) After December 31, 2015, a county may charge a different fee,
set by local ordinance, provided that the increased fee is necessary
to cover the actual costs of administering and enforcing the
provisions of this article.
(c) The local enforcement agency may not charge a different fee
for facilities based on what part of the ear is being pierced.
SEC. 3. This act shall become operative on July 1, 2012.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred under this act because a local
agency or school district has the authority to levy service charges,
fees, or assessments sufficient to pay for the program or level of
service mandated by this act, within the meaning of Section 17556 of
the Government Code.
No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution for those costs that
may be incurred by a local agency or school district because this act
creates a new crime or infraction, eliminates a crime or infraction,
or changes the penalty for a crime or infraction, within the meaning
of Section 17556 of the Government Code, or changes the definition
of a crime within the meaning of Section 6 of Article XIII B of the
California Constitution.